FLD2008-11032 - 700 Bayway Blvd - Staff Report - January 20, 2009CDB Meeting Date: January 20, 2009
Case Number: FLD2008-11032
Agenda Item: D 1
Owner: City of Clearwater
Applicant: Kent Watts, Special Operations Chief, City of Clearwater Fire Department
Representative: Woods Consulting
Addresses: 700 Ba yay Boulevard
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST: Flexible Development approval to permit the addition of a 460 square foot
commercial dock/lift in conjunction with an existing governmental use in
the Tourist (T) District with an increase in the maximum length of the
dock from 75 percent of the lot width (45 feet) to 90 percent of the lot
width (54 feet), an increase to the maximum width of the dock from 75
percent of the lot width (45 feet) to 83 percent of the lot width (50 feet)
and a reduction to the side (east) setback from six feet to zero feet (to lift),
under the provisions of Community Development Code (CDC) Section 3-
601.C.3.
CURRENT ZONING: Tourist (T) District, Clearwater Pass District of Beach by Design
CURRENT FUTURE LAND Resort Facilities High (RFH) Category
USE CATEGORY:
PROPERTY USE: Current Use: Governmental (Police Substation)
Proposed Use: Commercial Dock/Lift of 460 square feet (in association
with a governmental use)
EXISTING North:
SURROUNDING ZONING South:
AND USES:
East:
West:
ANALYSIS:
Site Location and Existing Conditions:
Preservation (P) Clearwater Harbor
Tourist (T) Retail Sales and Services and Restaurant
Tourist (T) Vacant
Tourist (T) Attached Dwellings
The subject property consists of 0.17 acres located on the north side of Bayway Boulevard at the
intersection of Parkway Drive and Bayway Boulevard. The parcel is located on Clearwater Harbor and has
approximately 60 feet of waterfront frontage. The upland portion of the site is developed with the
Clearwater Beach Police Substation. The substation houses District I and limited fire personnel that serve
Sand Key, Island Estates and Clearwater Beach. Located in the rear of the substation is a dock containing
two boat slips and comprising 614 square feet in which the Clearwater Fire Department, Pinellas County
Sherriff s Office Marine Unit and Florida Fish and Wildlife Conservation marine officers operate from.
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Development Proposal:
The development proposal includes the addition of a 460 square foot commercial dock/lift of which a no
profile boatlift will comprise 416 square feet. The remaining 44 square feet is an addition to the existing
dock providing access to the no profile boatlift. The no profile boatlift is in a sense a platform,
hydraulically controlled to raise and lower a boat. Unlike a conventional boatlift, the no profile lift utilizes
no cables or gearboxes, thus reducing the typical visual clutter associated with a conventional boatlift. The
Clearwater Fire and Rescue Fire Boat will moor at the proposed no profile lift. Dive operations, search and
rescue and the transport of injured persons are some of the public service and safety activities performed by
the vessel. Due to the unique missions of this vessel, it has distinct and specific docking and boat lift
mechanism requirements. The fire boat requires access to all four sides of the vessel while it is docked.
This access is critical in order to safely move seriously injured persons while maintaining the safety of the
rescue personnel; thus the requirement for a no profile lift. No covered boatlifts, roof structures or vertical
walls are proposed nor are any improvements to the upland use.
Pursuant to CDC Section 3-601.C.3, a commercial dock is any dock, pier or wharf, including boatlifts, that
is used in connection with a hotel, motel or restaurant where the slips are not rented, leased or sold; or such
facilities constructed and maintained by the City of Clearwater, Pinellas County or by any state or federal
agency. Commercial docks shall only be permitted as a Level Two (flexible development) use. As such, it is
subject to the relevant review criteria.
COMPLIANCE WITH DIMENSIONAL STANDARDS: The dimensional standards criteria for
setbacks set forth in CDC Section 3-601.C.3.h state that docks shall be located no closer to any property
line as extended into the water than the distance equivalent to ten percent of the width of the waterfront
property line. The width of the waterfront property line on the subject property is 60 feet; therefore the
proposed dock/lift must be set back from both the east and west extended property lines a minimum of six
feet. The west side of the existing dock is currently set back 8.8 feet, and as no addition is proposed on the
west side, the existing setback exceeds the requirement. As proposed, the dock/lift on the east side will be
located at a zero setback. Due to the no profile nature of the proposed lift and limited waterfront frontage,
staff supports the request for a reduced side setback.
With regards to length, commercial docks shall not extend from the mean high water line or seawall of the
subject property more than 75 percent of the width of the subject property as measured along the
waterfront property line; thus the length of the dock is limited to 45 feet. As proposed, the dock/lift has a
length of 54 feet. The deviation request is to allow the proposed dock/lift to be nine feet longer than
permitted by Code. CDC Section 3-601.C.3.h.11 allows tie poles to extend beyond the dock provided such
poles do not extend 25 percent of the width of the waterway and do not constitute a navigational hazard.
The waterway width in this area is approximately 700 feet; therefore tie poles may not extend beyond 175
feet, approximately 121 feet beyond the dock. The proposal has no tie poles extending beyond the dock;
however, tie poles immediately to the east extend to 64 feet and to the west they extend to 55 feet. With this
established character of existing tie poles extending beyond the proposed dock/lift, staff supports the
request for an increased dock length.
The same threshold that applies to length also applies to width; therefore the width of the proposed dock is
limited to 45 feet. The dock/lift has a proposed width of 50. The deviation request is to allow the proposed
dock/lift to be five feet wider than permitted by code. The only portion of the dock that extends into the five
feet is the no profile lift. As discussed previously, due to the no profile nature of the proposed lift and
limited waterfront frontage, staff supports the request for an increase in width.
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The following table depicts the development proposals consistency with the standards and criteria as per
CDC Section 3-601.C.3.h:
Standard Proposed Consistent Inconsistent
Dock Setbacks 10% of the width of the subject property (6 feet) East: 0 feet Xi
(Minimum) 10% of the width of the subject property (6 feet) West: 8.8 feet X
Dock Length 75% of the width of the subject property (45 feet) 54 feet Xi
(Maximum)
Dock Width 75% of the width of the subject property (45 feet) 50 feet Xi
Maximum
i See discussion above
COMPLIANCE WITH FLEXIBILITY CRITERIA 3-601.C.3.a-2:
The proposed dock/lift will be subordinate to the occupants and users of the upland development, namely
emergency personnel. Many docks to both the east and west extend much further into waterway and with
the limited waterfront frontage in this area some do not meet setback requirements. Thus, staff has
determined the proposed dock/lift to be in harmony with the scale and character of adjacent properties, the
neighborhood and the general vicinity.
Regarding impacts on water recreation activities, navigation, marine environment, water quality, natural
resources and wetlands the City Harbormaster has reviewed the dock proposal and indicates that there is
compliance with those criteria.
The following table depicts the consistency with the Flexibility criteria set forth in CDC Section 3-
601.C.3.a-g. Specific responses to each of these criteria have been provided by the applicant and are
included with their application.
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Consistent Inconsistent
a. Use and Compatibility: X
i) The proposed dock shall be subordinate to and contribute to the comfort,
convenience or necessities of the users or the occupants of the principal use of the
property,
ii) The proposed dock shall be in harmony with the scale and character of adjacent
properties and the neighborhood in general; and
iii) The proposed dock shall be compatible with dock patterns in the general vicinity.
b. Impacts on Existing Water Recreation Activities: The use of the proposed dock shall X
not adversely impact the health, safety or well being of persons currently using the
adjacent waterways for recreational and/or commercial uses. Furthermore, it shall
not hinder or discourage the existing uses of the adjacent waterway by uses including
but not limited to non-motorized boats and motorized boats.
c. Impacts on Navigation: The existence and use of the proposed dock shall not have a X
detrimental effect on the use of adjacent waters for navigation, transportation,
recreational or other public conveniences.
d. Impacts on Marine Environment: X
i) Docks shall be sited to ensure that boat access routes avoid injury to marine
grassbeds or other aquatic resources in the surrounding areas; and
ii) Docks shall not have an adverse impact upon natural marine habitats, grass flats
suitable as nursery feeding grounds for marine life, or established marine soil
suitable for producing plant growth of a type useful as nursery or feeding grounds
for marine life; manatee sanctuaries; natural reefs and any such artificial reef
which has developed an associated flora and fauna which have been determined
to be approaching a typical natural assemblage structure in both density and
diversity; oyster beds; clam beds; known sea turtle nesting site; commercial or
sport fisheries or shell fisheries areas, and habitats desirable as juvenile fish
habitat.
e. Impacts on Water Quality: X
i) All turning basin, access channels, boat mooring areas and any other area
associated with a dock shall have adequate circulation and existing water depths
to ensure that a minimum of a one foot clearance is provided between the lowest
member of a vessel (e.g. skegs, rudder, prop) and the bottom of the water body at
mean or ordinary low water (-0.95 NGVD datum); and
ii) The dock shall not effectively cause erosion, extraordinary storm drainage,
shoaling of channels, or adversely affect the water quality presently existing in
the area or limit progress that is being made toward improvement of water quality
in the area in which the dock is proposed to be located.
f Impacts on Natural Resources: X
i) The dock shall not have a material adverse impact upon the conservation of
wildlife, marine life, and other natural resources, including beaches and shores,
so as to be contrary to the public interest; and
ii) The dock shall not have an adverse impact on vegetated areas; vegetative,
terrestrial, or aquatic habitats critical to the support of listed species providing
one or more of the requirements to sustain their existence, such as range, nesting
or feeding grounds; habitats which display biological or physical attributes which
would serve to make them rare within the confines of the City; designated
preservation areas such as those identified in the comprehensive land use plan,
national wildlife refuges, Florida outstanding waters or other designated
preservation areas, and bird sanctuaries.
g. Impacts on Wetlands Habitat/Uplands: The dock shall not have a material adverse X
affect upon the uplands surrounding.
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COMPLIANCE WITH GENERAL STANDARDS: As previously discussed the development of the
land (submerged) relating to scale, bulk, coverage, density and character with adjacent properties and the
immediate vicinity have been found to be consistent.
The dock/lift will not hinder or discourage the appropriate development or redevelopment of adjacent
properties. Moreover, the proposed dock/lift is consistent with the community character of the immediate
vicinity.
The proposed docks will not affect the health or safety of persons working or residing in the neighborhood
as they meet state and local guidelines by not extending past the 25 percent waterway width and no tie
poles extend beyond the length of the dock. To the contrary, this dock/lift will improve the health and safety
of persons due to the public service activities the fire boat will provide.
The following table depicts the consistency of the development proposal with the General Standards for
Level Two Approvals as per CDC Section 3-913.A:
Consistent I Inconsistent
1. The proposed development of the land will be in harmony with the scale, bulk, X
coverage, density and character of adjacent properties in which it is located.
2. The proposed development will not hinder or discourage development and use of X
adjacent land and buildings or significantly impair the value thereof.
3. The proposed development will not adversely affect the health or safety of persons X
residing or working in the neighborhood.
4. The proposed development is designed to minimize traffic congestion. X
5. The proposed development is consistent with the community character of the X
immediate vicinity.
6. The design of the proposed development minimizes adverse effects, including X
visual, acoustic and olfactory and hours of operation impacts on adjacent
Code Enforcement Analysis:
There are no outstanding Code Enforcement issues associated with the subject property.
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials at its
meeting of December 4, 2008, and deemed the development proposal to be sufficient to move forward to
the January 20, 2009 Community Development Board (CDB) meeting based upon the following findings of
fact and conclusions of law:
Findings of Fact:
1. That the 0.17 acres are located on the north side of Bayway Boulevard at the intersection of Bayway
Boulevard and Parkway Drive;
2. That the parcel is located in the Clearwater Pass District of Beach by Design;
3. That the upland development is a governmental use (police substation);
4. That the site has approximately 60 feet of waterfront frontage on Clearwater Harbor between the north
and south property lines;
5. That the proposal consists of the construction of a 460 square-foot dock/lift of a no profile nature;
6. That the proposal includes a deviation to increase the maximum length from 75 percent of the lot width
(45 feet) to 90 percent of the lot width (54 feet), an increase to maximum width of the dock from 75
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percent of the lot width (45 feet) to 83 percent of the lot width (50 feet) and a reduction to the side
(east) setback from six feet to zero feet;
7. That the development proposal is compatible with dock patterns of the surrounding area; and
8. That there are no outstanding Code Enforcement issues associated with the subject property.
Conclusions of Law:
1. That the development proposal is consistent with the commercial dock review criteria as per CDC
Section 3-60LC.3; and
2. That the development proposal is consistent with the General Applicability criteria as per CDC Section
3-913.A.
Based upon the above, the Planning Department recommends APPROVAL of the Flexible Development
application to permit the addition of a 460 square foot commercial dock/lift in conjunction with an existing
governmental use in the Tourist (T) District with an increase in the maximum length of the dock from 75
percent of the lot width (45 feet) to 90 percent of the lot width (54 feet), an increase to the maximum width
of the dock from 75 percent of the lot width (45 feet) to 83 percent of the lot width (50 feet) and a reduction
to the side (east) setback from six feet to zero feet, under the provisions of CDC Section 3-601.C.3.with the
following conditions:
Conditions of Approval:
1. That covered boat lifts are prohibited;
2. That signage be permanently installed on the docks or at the entrance to the docks containing wording
warning boaters of the existence of protected sea grasses and manatees in the vicinity; and
3. That a copy of the SWFWMD and/or FDEP Permit and any other applicable environmental permits,
Corps of Engineer's Permit and proof of permission to use State submerged land, if applicable, be
submitted to the Planning Department prior to commencement of construction.
Prepared by Planning Department Staff:
A. Scott Kurleman, Planner III
ATTACHMENTS: Location Map; Aerial Map; Zoning Map; Existing Surrounding Uses Map; Photographs of Site and
Vicinity; and Resume
S: )Planning DepartmentlC D BIFLEX (FLD) )Pending casesVp for the next CDBIBayway Blvd 700 Fire Dept (T) - 01-20-09 CDB - SKlBayway
700 - StaffReport.doc
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